[Swati Maliwal Assault Case] Delhi High Court Issues Notice To Police In Bibhav’s Plea Challenging Arrest

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Synopsis

Swati Maliwal asserted that during her visit to Kejriwal's residence, Kumar slapped her repeatedly, causing her to scream. In self-defense, she pushed him away, but he proceeded to attack her, dragging her forcefully and intentionally pulling her shirt up.

The Delhi High Court, on Monday, acknowledged the maintainability of Bibhav’s petition challenging his arrest in the Swati Maliwal assault case and consequently issued a notice to the police. The bench of Justice Swarana Kanta Sharma referred the matter to the roster bench.

During the previous court hearing, Senior Advocate Sanjay Jain, representing the Delhi Police, alleged that Kumar was uncooperative during the investigation and gave evasive answers to their questions. It was further alleged that Kumar deliberately withheld his mobile phone password, a crucial piece of information for uncovering the truth.

Kumar, represented by Senior Advocate N. Hariharan, argued that the case exemplified the misuse of criminal procedures and deceptive investigations. He noted that both he and Maliwal had lodged complaints against each other, yet only her case was being investigated. He contended that this bias was due to her influence as a Member of Parliament. He argued that there was no investigation into his complaint about Maliwal's misconduct. Senior Advocate Hariharan further asserted that Kumar faced threats of severe consequences, including false accusations, and claimed Maliwal's FIR stemmed from a 'nefarious design'.

Earlier, the trial court had denied Kumar bail on May 27, and his second regular bail petition was also rejected by the sessions court on June 7.